The American and English Railroad Cases Volume 9; A Collection of All Cases, Affecting Railroads of Every Kind, Decided by the Courts of Appellate Jurisdiction in the United States, England, and Canada [1894-1913]. (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1898 Excerpt: ...the first part from the liability of a common carrier in the transportation of said stock, and agrees that such liability shall be only that of a private carrier for hire, and from any liability for any delay in shipping said stock after the delivery thereof to the agent of said party of the first part, or for any delay in receiving the same after being tendered to said agent. The evidence that the said party of the second part, after a full understanding thereof, assents to all the conditions of the foregoing contract, is his signature hereto. J. D. Lingenfelter, agent for St. Louis & San Francisco Railway Company. Wm. Sherlock, Shipper. Witness: J. W. Lingenfelter. (To be other than either of the contractors.) Executed in duplicate." It is contended on behalf of the plaintiff in error that the declaration made in the contract proper, above quoted, that the railway company "transports live stock only as per above rules and regulations" incorporated such rules and regulations, by the reference thereto, into the contract of shipment, and thereby R. Cas. St. Louis & S. F. Ry. Co. v. Sherlock. charged the shipper with notice that the company assumed only a limited liability for the payment of losses, if any occurred, unless the value of the animals shipped was specially stated to exceed the schedule rate, and that the failure of the shipper to declare the value of his animals to be greater than the limited sum named implied his assent to the company's declaration of limited liability; and it is forcibly contended that inasmuch as the transportation charges were properly based, in part, upon the schedule value of the animals shipped, the contract of limited liability was one reasonable and just to make. Well-considered cases have held tha...